Jagawa Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49206 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- CHOUTARWA District- West Champaran ====================================================== 1.

JAGAWA DEVI W/o Rajdeo Yadav Resident of Village-Chandraha, P.S.- Bathwariya, District- West Champaran.

2.

Anil Yadav S/o Rajdeo Yadav Resident of Village-Chandraha, P.S.- Bathwariya, District- West Champaran.

3.

Rajdeo Yadav S/o Baldeo Yadav Resident of Village-Chandraha, P.S.- Bathwariya, District- West Champaran.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 25-03-2022 At the outset, it is submitted by learned counsel for the petitioner that during pendency of this application, petitioner nos. 2 and 3 have been arrested and, as such, he seeks permission to withdraw this application.

In view of the aforesaid submission, this application is dismissed as withdrawn against petitioner nos. 2 and 3. So far as petitioner no. 1 is concerned, the instant application for anticipatory bail has been filed by him apprehending his arrest in connection with Chautarwa P.S. Case no. 31 of 2021 instituted for the offence under Sections 341, 323, 307, 379, 506 and 34 of the Indian Penal Code. Prosecution story relates to abuse and assault to the informant and his family members by the petitioner and other co-

Patna High Court CR. MISC. No.49206 of 2021(2) dt.25-03-2022 2/2 accused persons.

Learned counsel appearing on behalf of the petitioners has submitted that petitioner is innocent and has been falsely implicated in this case. There is case and counter case. Both parties are agnates and members of both sides have received injuries in the alleged occurrence. She got no criminal antecedent. The matter relates to civil dispute.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner no. 1 on bail. The petitioner no. 1 is directed to surrender in the Court below within a period of four weeks from today and in the event of her arrest or surrender in connection with Chautarwa P.S. Case no. 31 of 2021, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM, Bagaha, West Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U T